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Recommend The First Sale Doctrine Protects the Right to Resell Genuine Goods (Email)

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Can a trademark owner stop you from re-selling its branded good?

In other words, can Tiffany stop sellers on eBay from selling Tiffany-branded rings to purchasers who want to buy used product? (What a boon to Tiffany if you had to go to its stores to buy Tiffany-branded jewelry! But what bust for someone who wanted to sell their Tiffany ring to pay the rent!)

In general, there’s nothing that Tiffany can do to stop a resale. In trademark law terms, the reason is the “first sale” or “exhaustion” doctrine. The first sale doctrine cuts off a trademark owner’s rights after its product is first sold. In other words, once a brand owner releases its good into the marketplace, its right to control the distribution of the good is exhausted. The resale of genuine trademarked goods, even if not authorized, does not constitute trademark infringement.


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